Name change of student allowed by Delhi High Court, says it is ‘right to freedom of speech & expression’

Team SoOLEGAL 10 Nov 2020 3:24pm

Name change of student allowed by Delhi High Court, says it is ‘right to freedom of speech & expression’

A direction has been given to Delhi University by Delhi High Court that, if a name of a student is changed then the changed name must be mentioned in the degree to avoid confusion between two names in future. Justice Jayant Nath was hearing a petition which was filed by a student of Delhi University asking for direction to quash a particular notification of Delhi University which mandates a student to obtain a record in case of changed name, from Central Board of Secondary Education as a prior condition for change of name in the record of Delhi University.

In its counter-affidavit, the Delhi University had submitted that the University had formed a protocol for the reform in the name of its students, which had been accepted by the Executive Council. The Executive Council shall be a legislative body and its decisions shall have force of law.

As per the Executive Council, the application of changed name will only be considered if that particular student is from Delhi University. The student must get his/her name changed from CBSE Board or any State Board first. Original copy of the Government about the changed name is mandatory.

According to the council of Delhi University, the petitioner should have changed his name before sitting for class 10 or class 12 Board examinations. However, no step was taken at that point of time and now the petitioner cannot violate the guidelines of the Executive Council.

Delhi High Court had referred a judgement of Kerala High Court in the case of Kailash Gupta Vs CBSE, 2020 SCC Online Ker 1590, and was of the view that an individual can change his/her name in any manner and it is a part of right to freedom of speech and expression under Indian Constitution. Hence, the Court directed Delhi University to mention the changed name of the student in the graduation degree.

Tagged: Delhi High Court   Delhi University   Justice Jayant Nath   CBSE Board   Kerala High Court   Indian Constitution  
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